Sri Lanka Consolidated Acts

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Food Act (No. 26 of 1980) - Sect 14

Powers of Authorized Officer

14.
(1) An Authorized Officer may for the performance of his duties and the exercise of his powers-
(a) at any reasonable time enter any place where he believes any article is manufactured, prepared, preserved, packaged or stored and examine any such article and take samples thereof and also examine anything that he believes is used for the manufacture, preparation, preservation, packaging or storing of that article;
(b) for the purpose of search, stop or detain any vehicle in which he believes that any article is being conveyed, search that vehicle and examine such article and take samples of that article ;
(c) open and examine any receptacle or package that he believes to contain any article ;
(d) where the authorized officer is a Medical Officer of Health or a person authorized by the Excise Commissioner or the Principal Collector of Customs under section 13 (2), examine any books, documents or other records found in any place mentioned in paragraph (a) that he believes to contain any information relevant to the carrying into execution or the enforcement of this Act with respect to any article and make copies thereof or take extracts there from; and
(e) seize and detain for such time as may be necessary any article by means of or in relation to which he believes any provision of this Act or regulation made there under has been contravened.
(2) For the purposes of this section and section 15 " article " means-
(a) any food including the whole or any part of any dead animal, bird or fish intended to be used or capable of being used for human consumption;
(b) anything used or capable of being used for the manufacture, preparation, preservation, packaging or storing of food; and
(c) any labelling or advertising material.
(3) An Authorized Officer acting under this section shall, if so required, produce his authority.
(4) The owner or person in charge of a place entered by an Authorized Officer in pursuance of subsection (1) and every person found therein shall give the Authorized Officer all reasonable assistance in his power and furnish him with such information and such samples as he may require.
(5) No person shall obstruct any Authorized Officer acting in the exercise of his powers under this Act or regulations made there under.
(6) If any Authorized Officer applies to obtain samples of any food exposed for sale and the person exposing the food refuses to sell to the Authorized Officer such quantity thereof as he may require or refuses to allow that officer to take the quantity which he is empowered to take as samples, the person so refusing shall be deemed for the purposes of subsection (5) to have obstructed an Authorized Officer.
(7) No person shall knowingly make any false or misleading statements either orally or in writing to any Authorized Officer, engaged in the exercise of his powers under this Act or any regulations made there under.
(8) Every vendor of food shall if so required by an Authorized Officer, disclose to the Authorized Officer the name, address and such other particulars as may be required of the person from whom that vendor purchased that food.
(9) No person shall remove, alter, tamper or otherwise interfere in any manner with any food seized under this Act by an Authorized Officer without the authority of that Authorized Officer.
(10) Any food seized under this Act may, at the option of an Authorized Officer, be kept or stored in the building or place where it was seized or may at his discretion be removed to any other place.
(11) An Authorized Officer shall forthwith inform the relevant Food Authority of any seizure made under this Act.


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